4. The Committee draws the attention of both Houses
to these Regulations on the ground that they are defectively drafted.

5. These Regulations supplement Schedule 8 to the
School Standards and Framework Act 1998, which provides for maintained
schools of various categories to become schools of a different
category. They replace Regulations made in 1999. Regulation 20
makes transitional provision consequent on the revocation of the
1999 Regulations. Regulation 20(3) provides for proposals (to
change the category of a school) published under "paragraph
3 of Schedule 8 to the 1999 Regulations" and approved under
the 1999 Regulations to be treated as though approved under these
Regulations. The 1999 Regulations do not include a schedule numbered
"8". The Committee therefore asked the Department for
Education and Employment to explain this reference and, if, as
appeared to be the case, some words had been accidentally omitted,
to identify them.

6. The Department, in its memorandum printed in Appendix
3, confirms that words were accidentally omitted from regulation
20(3), which should have read "Any proposal published under
paragraph 3 of Schedule 8 to the Act in accordance with the 1999
Regulations and approved.". The Department adds that, as
it is not aware of any proposal falling within the scope of regulation
20(3), which appears to be redundant, it does not propose to amend
the regulation. The Committee nonetheless reports regulation 20(3)
for defective drafting, as acknowledged by the Department.